Wrongful termination claims can be filed in court when an employee feels they were let go for an inadequate reason. Many of these claims are because the employer is deemed to have broken some laws and regulations or not followed the correct termination procedures. The problem is that wrongful terminations are often misunderstood and, as such, there are lots of myths that surround them. In this article, we will look at some wrongful termination myths a lot of people believe.
Workplace Discrimination Laws Are Meant for Women and Minorities
Workplace discrimination laws are in place so employers cannot discriminate against their employees or fire them for several reasons. These include their gender, race, sex, age, disability, religion, and other factors. One thing that a lot of people misunderstand is that these laws are in place to protect women and minorities only. This is incorrect because these laws are in place to protect all employees and anyone can file a wrongful termination claim on the basis of being discriminated against according to the workplace discrimination laws in place.
You Cannot Sue Your Employer if You Quit
While the chances of getting a favorable outcome are slim, it is still possible to sue your employer for wrongful termination after you quit. The specific circumstances include when an employer makes the workplace so hostile, dangerous, or intolerable that an employee has no choice but to quit. There are also situations where the employer enables some despicable behavior of an employee towards another by not punishing the first employee’s actions. The last circumstance is where an employee is coerced to resign. This happens when an employer does not want to be sued for wrongful termination and thinks it will not happen if the employee quits on their own.
All Terminations that Seem Unreasonable are Wrongful Terminations
This is perhaps the most misunderstood aspect of wrongful terminations. There are states and jurisdictions where an employer can fire you at any time because you were offered “employment at will”. Then, there are situations where employees can be fired for reasons and circumstances included in their contracts. Even if these reasons and the subsequent termination seem unreasonable to them, the fact is that they signed a contract stating that their employer can fire them for those reasons or under those circumstances. Fortunately, there are clear and well-known signs of wrongful termination that all employees should know about so they can determine if a termination was lawful or illegal.
Employees Want to Settle Quickly to Protect Their Reputation
If your wrongful termination claim is based on facts and you have evidence to back up the claim, your employer will likely settle quickly. However, if you do not have the evidence and cannot support your claim, the employer will not settle, your claim will likely be thrown out, and your employer will be at liberty to counter sue you.
Filing a wrongful termination claim is serious business and all employees must understand how these claims work. This includes knowing the myths that surround them and learning what the actual facts are about these types of claims.
Authored by Boris Dzhingarov, ESBO ltd